1. VISITOR'S AGREEMENT AND RULES OF CONDUCT FOR THE ASP SiteWare
WEB SITE
Use and participation in ASP SiteWare's Web site is contingent
upon your acceptance of the following terms and rules. By
using our Web site, you accept these terms. In addition,
your continued use of our Web sites after a change has been
made to the policies of our Web site implies your assent
to those changes.
Links to Other Sites
ASP SiteWare chooses its links to other Web sites carefully.
However, ASP SiteWare is not responsible for the content
or privacy practices of Web sites operated by third parties
that are linked to or from ASP SiteWare's Web site. These
links are meant for the visitor's convenience only. Links
to third party Web sites do not constitute sponsorship,
endorsement, or approval by ASP SiteWare of any content,
policies or practices of such sites. Once you have left
ASP SiteWare's Web site via such a link, you should check
the applicable terms of use and privacy policy of the third
party site. ASP SiteWare's Web site may also be linked to
or from Web sites operated by companies affiliated with
ASP SiteWare. Visitors to those sites should refer to their
separate terms of use, privacy policies and practices.
2. RULES OF CONDUCT
ASP SiteWare is not responsible for any material posted
on our message boards, reviews system or other forums.
a. You shall not post or transmit through ASP SiteWare's
Web sites any defamatory, threatening, obscene, harmful,
pornographic or other material which would violate or infringe
in any way upon the rights of others, or which would give
rise to criminal or civil liability and/or violate federal
or local law or regulation. ASP SiteWare will fully cooperate
with any law enforcement authorities or court order requesting
or directing ASP SiteWare to disclose the identity of anyone
posting any such emails or materials. Further, you shall
not post or transmit through ASP SiteWare any material which
advertises or otherwise solicits funds or is a solicitation
for goods or services.
b. You shall not upload, post, or otherwise make available
on ASP SiteWare Web sites any material protected by copyright,
trademark or other proprietary right without the express
permission of the owner of such copyright, trademark or
other proprietary interest.
c. You shall not upload, post or transmit through ASP SiteWare's
Web sites any advertisements, chain letters, pyramid schemes,
or spamming of the same message to multiple boards.
d. By posting messages, uploading files, inputting data,
or engaging in any other form of communication through ASP
SiteWare's Web sites, you hereby waive any and all rights
to any stories, ideas, drawings, opinions, and other creative
"materials" posted to ASP SiteWare's web sites.
You authorize ASP SiteWare to utilize, royalty-free, in
any manner it sees fit and for eternity, the materials posted
on the site, which shall become the property of ASP SiteWare
and shall include the right to exploit any proprietary rights
in such communication, including, but not limited to, rights
under copyright, trademark, service mark, or patent laws
under any relevant jurisdiction. You release ASP SiteWare
from any and all claims or liability (now known or hereafter
arising) in connection therewith, and you agree to indemnify
ASP SiteWare in connection therewith pursuant to the terms
of Paragraph 3 below. You agree and acknowledge that your
participation in ASP SiteWare's Web sites shall not give
rise to any confidential, fiduciary, implied-in-fact, implied-in-law,
contractual or other special relationship between you and
ASP SiteWare (other than the contractual relationship entered
into between you and ASP SiteWare by virtue of your agreement
to the Terms and Conditions of Use).
3. VISITOR'S INDEMNIFICATION / OBLIGATIONS
a. In consideration for your use of and access to ASP SiteWare
Web site, you agree that in no event will ASP SiteWare,
its affiliated or related entities, its content providers
or any other party involved in creating, producing or delivering
this Web site or any site linked to or from this Web site,
be responsible or liable to you or entity in any manner
whatsoever (including, but not limited to, persons who may
use or rely on such data or materials or to whom such data
and materials are furnished) for any loss, damage (whether
actual, consequential or punitive), injury, claim, liability,
or other cause of any kind or character whatsoever based
upon or resulting from any information provided in ASP SiteWare's
web site, or arising from any decision made or action or
non-action taken by you or any other person in reliance
upon the information provided through ASP SiteWare Web sites,
even if you advise ASP SiteWare of the possibility of any
claims or damages.
b. You, as a visitor and/or user of ASP SiteWare's Web
site, agree to defend, indemnify, and hold harmless ASP
SiteWare, its parents, subsidiaries, and affiliated companies
and their respective directors, officers, employees, and
agents from and against all claims, losses, costs, and expenses
(including attorneys' fees) arising out of your use of the
ASP SiteWare Web site, or arising out of any violation of
laws or these Rules of Conduct committed by you, including,
without limitation, any communication by you which is claimed
to be defamatory, obscene or otherwise unlawful, or which
is claimed to violate the copyright, trademark, proprietary
or other rights of third parties, or which constitutes a
submission of materials.
4. TERMINATION
ASP SiteWare shall have the right to immediately terminate
your use of the ASP SiteWare Web site if ASP SiteWare determines,
in its sole discretion, that you have violated the Rules
of Conduct set forth above in Paragraph 2 or otherwise breached
this agreement, or have engaged in conduct which ASP SiteWare
determines, in its sole discretion, to be unacceptable.
While ASP SiteWare recognizes that its message boards and
review system may be regarded as a public forum, it is not
applicable under the First Amendment as a venue of free
speech. ASP SiteWarereserves the right to remove any postings
to our message boards at our sole discretion.
